Sources of Legislation in Islam

Sources of Legislation in Islam

[The Holy Qurᶦan, the Prophetic Sunnah, Analogy (Qiyaas), and Juristic Deduction (Ijtihaad)].

Introduction:

Every legal decision (For example: lawful, prohibited, allowed, etc…) and every legislation must be based on an evidence from the Holy Qurᶦan.

If this evidence is not found in the Holy Qurᶦan, scholars search for it in the Prophetic Sunnah (a saying, an act, or a tacit approval) concerning this situation.

If this also is not found, we use “analogy” which means searching for a similar situation that occurred in the time of the Prophet.

If this also not obtained using analogy, a jurisprudent uses juristic deduction, if only he is eligible to do so, in order to conclude a legal decision which is suitable to the objectives of Islamic Law.

Legal decisions have frequently been derived from the Holy Qurᶦan and Prophetic Sunnah, especially in obligations and pillars, so the Prophet has emphasized them.

●ᶦIrbaad ibn Sariyah (May Allah be pleased with him) reported: The Messenger of Allah said: “Verily he among you who lives long will see great discord, so you must keep to my Sunnah and the Sunnah of the Rightly- Guided Caliphs (AL-Khulafaa Ar-Rashideen), those who guide to the right way. 

Hold fast to it [literally: cling to it with your molar teeth]. 

Beware of newly invented matters [in the religion], for verily every innovation (Bidᶦah) is a misguidance.” 

Reference: 40 Hadith Nawawi 28

Note that:

The Rightly-Guided Caliphs are Abu Bakr As-Sideeq, ᶦUmar ibn AL-Khattab, ᶦUthman ibn ᶦAffan, and ᶦAli ibn Abi Talib.

●Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, “I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah (the Holy Qurᶦan) and the Sunnah of His Prophet.”

Reference: Muwatta Malik- The Decree.  Book 46, Hadith 1628

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The Book of Allah and the Sunnah

Examples for them:

¨Pilgrimage is a pillar and an obligation.

From the Qurᶦan: ﴾And [due] to Allah from the people is a pilgrimage to the House- for whoever is able to find thereto a way﴿ 

Chapter of the Family of ᶦImran.

From the Sunnah (As a saying):

●Abu-Hurairah (May Allah be pleased with him) reported: The Messenger of Allah (P.P.B.U.H) delivered a speech and said, “O people! Hajj has been made obligatory for you, so perform Hajj.” [Muslim].

(As an act):

●Narrated Qatadah: I asked Anas, “How many times did the Prophet perform Hajj?” He (Anas) replied, “Once.”

……………………………….

¨Sacrifice is slaughtered after the prayer of Sacrifice Festival (ᶦId AL-Adha).

From the Qurᶦan: ﴾So pray to Your Lord and sacrifice [to Him alone]﴿ Chapter of AL-Kawthar. Verse NO 2

From the Sunnah:

●Narrated AL-Baraᶦ: I heard the Prophet (P.P.B.U.H) delivering a speech saying, “The first thing to be done on this day (the first day of the Festival of Sacrifice) is to pray; after returning from the prayer we slaughter our sacrifices (in the name of Allah) and whoever does so, he acts according to our Sunnah.”

Reference: Sahih AL-Bukhari 951          Book 13, Hadith 3

……………………………….

¨Prohibition of wine.

From the Qurᶦan: ﴾O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of the Devil, so avoid it that you may be successful﴿ Chapter of the Table. Verse NO 90

From the Sunnah:

●Abu Saᶦid AL-Khudri (May Allah be pleased with him) reported: I heard Allah’s Messenger saying, “Verily Allah, the Exalted, has forbidden wine. So who hears this verse and he has anything of it with him, he should neither drink nor sell it.”

Reference: Sahih Muslim 1578      Book 22, Hadith 82

……………………………….

There are many other such examples.

Sometimes legislation comes from the Prophetic Sunnah only. And this occurs according to God’s saying ﴾And whatever the Messenger has given you- take, and what he has forbidden you- refrain from. And fear Allah; indeed, Allah is severe in penalty﴿ 

Chapter of the Gathering.

Analogy

It is appending a matter, for which there is no text in the Qurᶦan or the Sunnah, to another matter for which there is a text in the Qurᶦan or the Sunnah. This is done when the two matters have the same rationale for this legal decision.

The Prophet has approved analogy as a source of legislation.

●Narrated Ibn ᶦAbbas: A woman from the tribe of Juhaynah came to the Prophet and said, “My mother had vowed to perform pilgrimage but she died before performing it. May I perform pilgrimage on my mother’s behalf?” 

He replied, “Yes! Perform pilgrimage on her behalf. If your mother had been in debt, would you have paid her debt or not? So, pay Allah’s debt as He has more right to be paid.”

Reference: Sahih AL-Bukhari 1852            Book 28, Hadith 32

Also the Prophetic tradition:

●Allah’s Apostle said, “Every intoxicant is wine (Khamr), and every wine is prohibited.”    

Reference: Sahih Muslim 2003d     Book 36, Hadith 95

According to the previous tradition, the logic analogy prohibits everything causes intoxication, no matter how many names are, like: whiskey, champagne, brandy, etc…

Whiskey causes intoxication, and everything causes intoxication is prohibited. Thus whiskey is prohibited.

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Juristic deduction

It means that a jurisprudent or a jurisconsult makes an effort in concluding a legal decision for a case that is not provided in the Qurᶦan or the Prophetic Sunnah and there is no similar case has occurred during the life of the Prophet and his Right Guided- Caliphs.

Conditions in which juristic deduction is allowed:

1) When there is no text in the Book or the Sunnah.

2) When there is a text but with no decisive proof.

Conditions of the independent jurist (who uses juristic deduction):

❶ He is a Muslim.

❷ He memorizes the Holy Qurᶦan perfectly.

❸ He is familiar with a number of the Holy Qurᶦan interpretations.

❹ He has studied the Prophetic Sunnah [traditions’ chains of authority (Sanad AL-Hadith) and traditions’ texts (Matn AL-Hadith)]. Also, he is aware of the true, weak, and fabricated traditions.

❺ He is an expert in jurisprudence principles, basics, and legal decisions. Also, he is familiar with the issues upon which there has been a consensus of the previous jurists.

❻ He is familiar with grammar, morphology, and vocabulary of Arabic Language.

❼ He consults a number of scholars regarding his opinion.

❽ Mental ability to balance between matters.

❾ He is quick- witted when he receives questions.

❿ He is familiar with people’s living conditions.

Legitimacy of juristic deduction

●Some companions of Muᶦadh ibn Jabal said:

“When the Messenger of Allah intended to send Muᶦadh ibn Jabal to the Yemen, he asked: ‘How will you judge when the occasion of deciding a case arises?’ 

He replied: ‘I shall judge in accordance with Allah’s Book.’ 

He asked :‘(What will you do) if you do not find any guidance in Allah’s Book?’ 

He replied: ‘(I shall act) in accordance with the Sunnah of the Messenger of Allah.’ 

He asked: ‘(What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah and in Allah’s Book?’

He replied: ‘I shall do my best to form an opinion and I shall spare no effort.’

The Messenger of Allah then patted him on the breast and said: ‘Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.’”

Reference: Sunan Abi Daoud 3592     Book 25, Hadith 22

Note Muᶦadh ibn Jabal was eligible to be an independent jurist.

●It was narrated from Anas ibn Malik that the Messenger of Allah said: “The most knowledgeable of my nation concerning the lawful and unlawful is Muᶦadh ibn Jabal.”           

Reference: Jamiᶦ AL-Tirmidhi. Chapter on Virtues.

¨When ᶦUmar ibn AL-Khattab appointed “Shuraiyh ibn AL-Harith” to be the judge of AL-Kufah, he said to him, “Refer to the thing that appears to you in the Book of Allah and do not ask anyone about it. When it does not appear to you in the Book of Allah, then follow the Sunnah of Allah’s Apostle in it. When it does not appear to you in the Sunnah, then make your independent juristic decision in it and consult scholars and righteous people.”

A juristic rule: No juristic deduction in the presence of a text.

We have previously mentioned that the Book and the Sunnah are the main sources for concluding a legal decision. So, when an evidence is found in both of them or in one of them, then no juristic deduction in the presence of a text.

For example:

God says ﴾And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt﴿

It is an explicit provision in Chapter of Women in distribution of inheritance, so it is prohibited for any independent jurist to submit an opinion that violates it.

Respecting the text, which is present in the Book and the Sunnah, appears clearly in the Battle of Badr:

The Prophet took a place where he gets ready to meet Quraysh. 

Then, AL-Hubab ibn AL-Mundhir said to him: “Has God chosen this place for you, so that we cannot move forward or backward from it, or it is the opinion, the war, and the deceit?”

The Prophet said, “Indeed, it is the opinion, the war, and the deceit.”

AL-Hubab said, “O Messenger of Allah! As it is not a place (that Allah defined for you), lead people to move till we reach the nearest (well) of water and stay at it. Then, we make water more sunken in the other wells. 

As a result, we can drink water but they (our enemies) cannot drink it.

The Prophet said, “You have expressed the (wise) view.” Then, the Prophet got up and moved with his army according to AL-Hubab’s advice.

Note that: The water of Badr is a creek that flows in the plain of Badr, then it disperses in several wells.    

    

 

Conclusion

CONCLUSION

As we have started, we will conclude by thanking God and saying prayers for the Prophet. Praise to Allah, Who has guided us to this, and we would never have been guided if Allah had not guided us.

By Allah’s grace, this blog, which includes obligations and pillars, has been completed. 

This is in response to the Prophet’s invocation, “May Allah cause his face to shine, the man who hears a tradition from us and conveys it, for perhaps the one to whom it is conveyed may remember it better than the one who (first) hears it.”

Hopefully, this blog will guide and lead those, whose effort is lost in worldly life, while they think that they are doing well in work.

We live in an age, in which modesty is less than before, and as a result, calamity has spread. Those hereditary Muslims have no direct or indirect relationship with Islam. They crossed the red lines after they had failed to commit to Islamic commands and hoped to make everybody like them.

Some of them demand to cancel the four schools and to put new schools. Others demand to cancel the dependence on the Prophetic Traditions and to consider the Holy Qurᶦan as a book of worship only.

They want to follow “The Rule of Reason” in all this world issues, deviating from religion.

Thus Islam has become, in their sight, only silly amorphous shapes.

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O our Lord! Accept (this service) from us. Verily, You are the All-Hearing, the All-Knowing. Relent toward us; You are the relenting, the Merciful.

 Forgive us and have mercy upon us; You are the Forgiving, the Merciful. Save us from anxiety, distress, and the great trouble. Make us enjoy looking at Your noble face. 

Make us among those beneath whom rivers will flow in the Gardens of Pleasure, their invocations therein will be, “Exalted are You, O Allah.”, and their greeting therein will be “peace”.

And the last of their invocations will be, “Praise to Allah, Lord of the Worlds!”

References

Qurᶦan Researcher Application.

sunnah website

AL-Fiqh ala Almadhaahib Al Arbaᶦa (Jurisprudence in The Four Schools). 

(FRIDAY PRAYER (Salat AL-Jumuᶦa

FRIDAY PRAYER (Salat AL-Jumuᶦa)

It is a different, not shortened prayer. You must perform one prayer unit, at least, to make it valid.

If you missed the second prayer unit, and came after the leader had raised from bowing down, your Friday prayer would not be valid and you should perform the noon prayer (four prayer units) instead of it.

Its provision:

It is an individual duty on every male Muslim.

Its legitimacy:

It has been made obligatory in Makkah in the Night Journey of Prophet Muhammad from Makkah to Jerusalem and his Ascent to the Seventh Heaven, along with the five prayers, but the Prophet has performed it only after migration. 
He did so because one of its validity conditions is that being in public and in a group, and circumstances in Makkah did not allow that. 
The Prophet performed the first Friday prayer at the entry of AL-Madinah among the members of Salim ibn ᶦAouf tribe, after several days of his arrival in AL Madinah.

God says ﴾O you who have believed, when [AL Adhan] is called for the prayer on the day of Jumuᶦah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew﴿Chapter of Friday. Verse NO 9

●Ibn Masᶦud reported: The Prophet said about people who are absent from Friday prayer: “I was about to command a person to lead people in prayer, and then burn those who absent themselves from Friday prayer in their houses.” [Muslim].

Conditions of its obligation

Islam, adulthood, mindfulness, maleness, residence, and healthy body.

Conditions of its validity

1) Number of praying persons must be forty resident males.

2) It must be performed at noon.

If one of the two previous conditions was not met, it would be performed, instead, as a noon prayer (four units). It must not be performed by following the radio or T.V.

Its obligations and pillars

1- Two speeches before prayer. The leader stands during them, if possible, and sits between them.

2- Two prayer units.

*The first speech must include praising God, saying “Pray and peace be upon His Messenger.”, recommendation of God fear and reciting some of the Holy Qurᶦan.

*The second speech must include what previously mentioned in the first speech, in addition to invocation for believers.

*An orator must be male, and if he is exhausted after delivering the two speeches, another person can lead people in the prayer.

●Ibn ᶦUmar said that the Messenger of Allah used to deliver two speeches on Friday and sit down between them. [AL-Bukhari and Muslim].

Sunnah practices on Friday (Sunan AL Jumuᶦah)

❶Bathing and applying perfume before going to the mosque. Also, trimming the nails, hair cutting, and wearing white clothes.

●It was narrated from Ibn AL-Sabbaq (May Allah be pleased with him) that the Messenger of Allah said on a Friday, “Muslims! Allah has made this day a festival day, so take a bath and it will not harm whoever has perfume to apply some of it, and use a tooth-stick.” [Ibn-Majah].

❷Going early to the mosque.

●It was narrated from Abi-Hurairah that the Messenger of Allah said, “Whoever takes a bath on Friday, like the bath which is obligatory after sexual discharge and then 
goes (to the mosque), he is like one who offers a she-camel as a sacrifice to seek the pleasure of Allah, whoever comes in the second hour is like one offers a cow, whoever comes in the third hour is like one offers a ram with horns, whoever comes in the fourth hour is like one who offers a hen, and whoever comes in the fifth hour is like one who offers an egg. 
And when the prayer leader comes out (ascends the pulpit), the angels (who write the names of those who come to the mosque before the coming of the leader) close (their record) in order to listen to the speech.” [Muslim].

❸Listening carefully to the speech.

●It was narrated from Abi-Hurairah that the Messenger of Allah said: “When you tell your companion (on Friday) to be silent while the leader is delivering the speech, you are guilty of idle talk.” [Muslim].

❹The leader should shorten his speech and prolong the prayer.

●ᶦAmmar ibn Yasir (May Allah be pleased with them) reported: I heard the Messenger of Allah saying: “Prolonging prayer and shortening the speech indicate the religious knowledge of the person.  Make your prayer long and your speech short.” [Muslim].

❺Friday voluntary prayer (Sunnat AL Jumuᶦah) is after the obligatory Friday prayer, and it is four prayer units.

●It was narrated from Abi-Hurairah that the Messenger of Allah said: “When anyone among you performs prayer after the Friday prayer, he should pray four prayer units.” [Muslim]. 

❻Frequent invocation, alms, and saying prayers for the Prophet, as Friday is one of the great days.

●It was narrated from Abi-Hurairah that the Prophet (P.P.B.U.H) said, “The best day on which the sun has risen is Friday, on it Adam was created, on it he was made to enter Paradise, on it he was expelled from it. And the Hour will occur on no day other than Friday.” [Muslim].

●Abu- Hurairah reported: The Messenger of Allah said while talking about the merits of Friday, “There is an hour (opportune time) on Friday and if a Muslim gets it while praying and asks something from Allah, then Allah will definitely meet his demand.” And he (the Prophet) pointed with hand to indicate that this period of time is very short.

●It was narrated from Aus ibn Aus (May Allah be pleased with them) that the Prophet said, “Among the best of your days is Friday. So, on that day pray (invoke many blessings) for me, for such prayers are displayed to me.” [Abu-Daoud].

❼It is not permissible to perform optional night prayer on the night preceding Friday, or fast on Friday, as it is considered a festival.

●It was narrated from Abi-Hurairah that the Prophet (P.P.B.U.H) said, “Do not choose the night preceding Friday among all other nights for performing optional night prayer (Tahajjud), and do not choose Friday among all other days for fasting, unless it coincides with the days one regularly fasts.” [The Two Scholars].

●Abu- Hurairah narrated that: The Messenger of Allah said, “None of you should fast on Friday unless he fasts before it, or he fasts after it.”

Excuses which allow absence from Friday prayer

Extreme hot or cold weather, illness, and fear for honor and body. 

(Ablution (Wuduᶦ

Ablution (Wuduᶦ)

Its Legitimacy: 

It has been made obligatory in the Night Journey of the Prophet Muhammad from Makkah to Jerusalem and his Ascent to the Seventh Heaven. It has been made obligatory together with prayer.

 It was an obligation to perform ablution before each prayer. But then, this provision has become abrogated in the Battle of the Trench, in the fifth year of Hijrah (5 A.H). It has become obligatory only to remove the minor ritual impurity.

Ablution Validity Conditions:

1) Water is pure, not mixed with other substances.

2) Water must be not previously used for purification.

3) There is not any barrier which prevents the reach of water to the skin. But if there are wounds dressed in bandages that can be endangered, sand ablution upon them is a must.

4) Perfect ablution, which means to be sure of washing an organ carefully, and beyond what is required.

● ᶦUthman ibn Affan (May Allah be pleased with him) reported: The Messenger of Allah (P.P.B.U.H) said, “He who performs ablution perfectly (i.e., according to Sunnah), his sins will come out from his body, even coming out from under his nails.” [Muslim]. 

● It was narrated from Abi-Hurairah, that the Messenger of Allah said: “Do you think that if there was a river by the door of any one of you, and he bathed in it five times each day, would there be any trace of dirt left on him?” They said: “No trace of dirt would be left on him.” He said, “That is the likeness of the five daily prayers. By means of them, Allah erases sins.” [The Two Scholars].

● It was narrated from Abi-Hurairah, that the Messenger of Allah said: “On the day of Judgment, my followers (Ummah) will come with bright faces, hands, and feet from the traces of ablution. Whoever can increase the area of his radiance, should do so.” [AL Bukhari]. 

● Ibn ᶦAmr ibn EL-ᶦAs (May Allah be pleased with them) reported: A group of people hurried and performed ablution hastily, so their heels appeared not touched with water. So, the Messenger of Allah said, “Woe to the heels because of the hell-fire… Make your ablution thorough.” [Muslim].

Ablution Obligations:

1) Intention.

2) Washing the whole face, lengthwise: from the hair root (the top of forehead) to the down of chin bone, and widthwise: in between the ears.

3) Washing the hands along with the elbows.   
4) Wiping some of the head or all of it.

5) Washing the legs along with the heels.

6) Previous steps have to be performed in the same order in which they are mentioned.

● The Prophet said: “Begin with what Allah had begun with.” [Reported by AL-Nasaᶦi].

God says ﴾O you who believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the heels﴿ Chapter of the Table (AL-Maᶦidah).

The Sunnah Practices of Ablution:

1) Mentioning the name of Allah.            

2) Washing the hands.

3) Wiping all of the two ears.                    

4) Rinsing the mouth and rinsing the nose.
5) Entering water through the thick beard, and in between fingers and toes.

● The Prophet said: “Perform ablution perfectly and let water run between your fingers.” [AL-Tirmidhi].

6) Beginning with the right organ, then followed by the left organ.
7) Succession of ablution acts.

Ablution Disliked Acts:

1) Wasting water. 
                                     
2) Washing the organ more or less than three times.

●Ibn ᶦUmar (May Allah be pleased with them) reported: The Prophet (P.P.B.U.H) passed by Saᶦd when he was performing ablution, and he said: “What is this extravagance?” Saᶦd said, “Can there be any extravagance in ablution?” The Prophet said: “Yes, even if you are on the bank of a flowing river.”

3) If a person gets someone else for ablution, in spite of his ability to do it on his own.

4) Exaggeration in rinsing water in the mouth, and in rinsing water in the nose during fasting.

● Laqit ibn Sabra (May Allah be pleased with him) said, “I said to the Messenger of Allah: ‘Tell me about ablution.’ And he said: ‘Perform a perfect ablution, run water between the fingers and toes, and if not fasting, sniff water up well inside the nose.’” [Abu-Daoud and AL-Tirmidhi].

● It was narrated that Amr ibn Absah said: “The Messenger of Allah said, ‘When a person performs ablution and washes his face, as God commanded, his sins exit through his face with water. When he washes his hands along with his elbows, his sins exit through his fingertips with water. When he wipes his head, his sins exit through his hair ends with water. When he washes his feet along with his heels, his sins exit his toes with water.’” [Muslim]. 

Invalidators of ablution (things that cause the minor ritual impurity):

1) Sleeping.                         
2) What comes from the two natural orifices (front or back private parts).    
3) When there is no mind due to syncope, drunkenness, illness, or madness. A person, in one of these states, is to perform ablution after he becomes awake.                                4) When an adult male touches an adult female, who is not a Mahram to him, without a barrier, even if she is dead.

N.B Mahram means: Unmaritable relation – husband or any other relative to whom a woman is prohibited to marry (like her uncle, father, brother). Or, wife or any other relative to whom a man is prohibited to marry (like his aunt, mother, sister).

5) When a person touches his private part or the private part of someone else with his palm either the toucher or the touched one is young or old.

● The Prophet (P.P.B.U.H) said, “Whoever touches his sexual organ, let him perform ablution.”   [AL-Tirmidhi].

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Sand Ablution (Tayyammum)